POLICE POWER

WHAT IS POLICE POWER?

• Police power is the power of the

state to promote public welfare
by restraining and regulating
the use of liberty and property.

Police Power
WHAT IS POLICE POWER?

Purpose: To promote public

welfare

Police Power
WHAT IS POLICE POWER?

Method: By restraining and

regulating the use of
liberty and property

Police Power
Police power is:

• The most pervasive

• The least limitable
• The most demanding of the
three fundamental powers
The Supreme Court has held that:

• The power to “regulate” means the power

to protect, foster, promote, preserve, and
control, with due regard for the interests,
first and foremost of the public, then of the
utility of its patrons. (Gerochi v. Department
of Energy, G.R. No. 159796, July 17, 2007)
In another case, it was held:

• Police power rests upon public necessity and

upon the right of the Sate and of the public
to self protection. For this reason, its scope
expands and contracts with the changing
needs. (Churchill v. Rafferty, 32 Phil. 580,
602-603,1915)
As a rule, Police power extends to
all great public needs.

• Public health
• Public morals
• Public safety
• Public welfare
Police power is GENERALLY exercised
by the Congress.

• XPN: When police power is

expressly delegated by law
MMDA v. Trackworks, G.R. No. 179554,
Dec. 16, 2009

• The MMDA cannot exercise police powers since its

powers are limited to the formulation,
coordination, regulation, implementation,
preparation, management, monitoring, setting of
policies, installing a system, and administration.
Nothing in RA No. 7924 granted MMDA police
power, let alone legislative power.
• Meaning, in cases other than Congress, the office
exercising police power must be:

1. Expressly granted by law with police power

2. Grant of such police must not be contrary to
law
Requisites for the Valid Exercise of
Police Power

1. Lawful subject
2. Lawful means
LAWFUL SUBJECT means:

The interests of the public

generally, as distinguished from
those of a particular class,
require the exercise of police
power
 LAWFUL SUBJECT LAWFUL MEANS
The activity or property sought to Both the end and the means must
be regulated affects public welfare. be legitimate.
It requires the welfare of the many
over the interest of the few • Ynot v. IAC

• Taxicab Operators of Metro The prohibition of interprovincial

Manila v. Board of transport of carabaos cannot
Transportation prevent the indiscriminate
slaughter because they can be
Phasing out taxicabs more than 6 killed anywhere.
years old- to protect the riding
public and promote their comfort
and convenience.
Consider this situation…

The City of Manila enacted Ordinance No. 4670, which requires

the clients of hotels, motels, lodging house to fill out a prescribed
form in a lobby, open to public view, and in the presence of the
owner, manager, or duly authorized representative of the hotel,
motel or lodging house. The same law provides that it should be
open for inspection by the City Mayor, Chief of Police, or duly
authorized representatives. This move is to check the
clandestine harboring of transients and guests.

Is the ordinance a valid exercise of police power?

On Lawful Subject…

The subject of the ordinance is the regulation in the

admission of transients and guests and to minimize
prostitution and human trafficking in the area.

On Lawful Means…

The means used is the imposition of the mandatory

registration of guests in hotels, motels and lodging
houses
Example of Cases
involving Police power:
A municipal ordinance providing, among others, that children
between 7-12 years of age should only be charged half the value
of movie tickets. It was held that the ordinance is unduly
oppressive and unreasonable. The means employed to attain the
purpose of the ordinance is unreasonable, confiscatory, and
oppressive because the theater owners suffer a loss in revenue
besides being penalized for failure to comply with the said
ordinance.

Balacuit v. CFI of Agusan del Norte, 163 SCRA 187

A law requiring government officials and their employees to file
annually a detailed statement of their assets and liabilities.

It was held that the law is a valid exercise of police power to

minimize graft and corruption and maintain high standard of
honesty in the government service.

Morfe v. Mutuc, 22 SCRA 424

An ordinance where prostitutes from Manila are shipped to
Davao in order to clean the City of Manila.

It was held that the ordinance is an invalid exercise of police

power because it violated the liberty of abode and travel of the
persons involved.

Villavicencio v. Lucban
An ordinance where prostitutes from Manila are shipped to
Davao in order to clean the City of Manila.

It was held that the ordinance is an invalid exercise of police

power because it violated the liberty of abode and travel of the
persons involved.

Villavicencio v. Lucban
• Law prohibiting slaughter of work animals like carabaos (US
v. Toribio, 15 Phil 85)

• Law fixing fees of recruitment agencies (Olsen v. State of

Nebraska, 313 US 236)

• Ordinance prohibiting the sale of movie tickets by theatres

beyond their seating capacity (People v. Chan, 65 Phil 611)

• DOLE order suspending temporarily the deployment of OFWs

to a certain country (Phil. Association of Service Exporters, Inc.
v. Drilon)
Important Points to Remember

1. The test to determine the validity of a police measure is as

follows:

a. The subject of the police measure in issue must be within

the scope of the police power.

b. Even if said police measure is within the scope of police

power, the means employed must be reasonably
necessary and not unduly oppressive to individuals.
Important Points to Remember

2. If the above exists or are complied with, the enjoyment of

private rights or conduct of private affairs may be
subordinated to the interest of the greater number based on
the time honored principle of Salus Populi Est Suprema Lex.

3. Police power is resorted to in order to protect public welfare.

4. Public welfare is protected and promoted by restraining and

regulating the use of liberty and property.